TERMS OF USE
The following terms and conditions govern all use of the LandscapeExchange.com website and all content, services and products available at or through the website, including, but not limited to, the LandscapeExchange.com Pro Service ("Pro Service"), (taken together, the Website). The Website is owned and operated by Chubara Ventures, LLC. ("Chubara"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Chubara's Privacy Policy) and procedures that may be published from time to time on this Site by Chubara (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Chubara, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
Your LandscapeExchange.com Account
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign data to anything on your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Chubara may change or remove any description or data that it considers inappropriate or unlawful, or otherwise likely to cause Chubara liability. You must immediately notify Chubara of any unauthorized uses of your data, your account or any other breaches of security. Chubara will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors
If you operate an account, post material to the Website, post links on the Website, upload images on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
By submitting Content to Chubara for inclusion on the Website, you grant Chubara a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your account. If you delete Content, Chubara will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Chubara has the right (though not the obligation) to, in Chubara's sole discretion (i) refuse or remove any content that, in Chubara's reasonable opinion, violates any Chubara policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Chubara's sole discretion. Chubara will have no obligation to provide a refund of any amounts previously paid.
Fees and Payment
By subscribing to the Pro Service you agree to pay Chubara the monthly subscription fees indicated for that service (the payment terms for Pro Service are described below). Payments will be charged on the day you sign up for the Pro Service and will cover the use of that service for a monthly period as indicated. Pro Service fees are not refundable.
Promotions
Starting 10/10/10, all new LandscapeExchange Pro accounts will be given 3 free promotional credits. These new accounts will have their subscription fees waived for 12 months or until the credits are redeemed; whichever comes first. These credits are redeemed whenever a Homeowner account contacts the Pro account or a Pro account contacts a Homeowner account's job listing.
Pro Services
Responsibility of Website Visitors
Chubara has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Chubara does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Chubara disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which LandscapeExchange.com links, and that link to LandscapeExchange.com. Chubara does not have any control over those non-LandscapeExchange.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-LandscapeExchange.com website or webpage, Chubara does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Chubara disclaims any responsibility for any harm resulting from your use of non-LandscapeExchange.com websites and webpages.
Copyright Infringement and DMCA Policy
As Chubara asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by LandscapeExchange.com violates your copyright, you are encouraged to notify Chubara. Chubara will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Chubara or others, Chubara may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Chubara will have no obligation to provide a refund of any amounts previously paid to Chubara.
Intellectual Property
This Agreement does not transfer from Chubara to you any Chubara or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Chubara. Chubara, LandscapeExchange, LandscapeExchange.com, the LandscapeExchange.com logo, and all other trademarks, service marks, graphics and logos used in connection with LandscapeExchange.com, or the Website are trademarks or registered trademarks of Chubara or Chubara's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Chubara or third-party trademarks.
Changes
Chubara reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Chubara may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination
Chubara may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your LandscapeExchange.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Pro Services account, such account can only be terminated by Chubara if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Chubara's notice to you thereof; provided that, Chubara can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, content posted/uploaded by you, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided "as is". Chubara and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Chubara nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you're actually reading this, here's a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
LandscapeExchange.com does not endorse or recommend the services of any particular service professional. It is entirely up to the Consumer to enter into a direct contract or otherwise reach agreement with a Service Provider, and LandscapeExchange does not guarantee or warrant the Service Provider's performance on the job or the outcome or quality of the services performed. The service professionals are not employees or agents of LandscapeExchange, nor is LandscapeExchange an agent of the Service Providers. LandscapeExchange does not perform, and is not responsible for, any of the services requested by the Consumer in the Service Request. Your use of the Website is at your sole risk. The services offered by Service Providers are provided on an "as is" and "as available" basis.
Limitation of Liability
In no event will Chubara, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Chubara under this agreement during the twelve (12) month period prior to the cause of action. Chubara shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the Chubara Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless Chubara, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Modifications to Website
Chubara reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Chubara shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
Miscellaneous
This Agreement constitutes the entire agreement between Chubara and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Chubara, or by the posting by Chubara of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Delaware, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Sussex County, Delaware. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Lewes, Delaware, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Chubara may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Chubara, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
Your LandscapeExchange.com Account
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign data to anything on your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Chubara may change or remove any description or data that it considers inappropriate or unlawful, or otherwise likely to cause Chubara liability. You must immediately notify Chubara of any unauthorized uses of your data, your account or any other breaches of security. Chubara will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Consumers
Consumers may become a User of the Website at no cost. As a User, you will have the ability to create an account and use the Website with the objective of soliciting services from Service Providers.
Service Providers
Service Providers have a monthly subscription fee for access to create an account and showcase their work on the Website. This fee is paid in advance every month and is non-refundable. Chubara is providing the Website only for purposes of connecting Service Providers and Consumers. All Service Providers acknowledge that there is no (a) employment, (b) part-time employment, (c) consulting, (d) contractor, or (e) joint-venture relationship whatsoever between Chubara and Service Provider. Neither Chubara nor Service Provider has the authority to enter into contracts or create obligations on behalf of the other party without its express written consent.
Disputes
Chubara will not work to resolve any disputes between a User and a Service Provider and is not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Service Providers or Users. In exchange for the privilege of accessing the Website, you further agree to release Chubara from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have with one or more Consumers or Users. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Consumers may become a User of the Website at no cost. As a User, you will have the ability to create an account and use the Website with the objective of soliciting services from Service Providers.
Service Providers
Service Providers have a monthly subscription fee for access to create an account and showcase their work on the Website. This fee is paid in advance every month and is non-refundable. Chubara is providing the Website only for purposes of connecting Service Providers and Consumers. All Service Providers acknowledge that there is no (a) employment, (b) part-time employment, (c) consulting, (d) contractor, or (e) joint-venture relationship whatsoever between Chubara and Service Provider. Neither Chubara nor Service Provider has the authority to enter into contracts or create obligations on behalf of the other party without its express written consent.
Disputes
Chubara will not work to resolve any disputes between a User and a Service Provider and is not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Service Providers or Users. In exchange for the privilege of accessing the Website, you further agree to release Chubara from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have with one or more Consumers or Users. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Responsibility of Contributors
If you operate an account, post material to the Website, post links on the Website, upload images on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account's URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Chubara or otherwise.
Without limiting any of those representations or warranties, Chubara has the right (though not the obligation) to, in Chubara's sole discretion (i) refuse or remove any content that, in Chubara's reasonable opinion, violates any Chubara policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Chubara's sole discretion. Chubara will have no obligation to provide a refund of any amounts previously paid.
Fees and Payment
By subscribing to the Pro Service you agree to pay Chubara the monthly subscription fees indicated for that service (the payment terms for Pro Service are described below). Payments will be charged on the day you sign up for the Pro Service and will cover the use of that service for a monthly period as indicated. Pro Service fees are not refundable.
Promotions
Starting 10/10/10, all new LandscapeExchange Pro accounts will be given 3 free promotional credits. These new accounts will have their subscription fees waived for 12 months or until the credits are redeemed; whichever comes first. These credits are redeemed whenever a Homeowner account contacts the Pro account or a Pro account contacts a Homeowner account's job listing.
Pro Services
Fees; Payment. By signing up for a LandscapeExchange Pro Services account you agree to pay Chubara the setup fees and monthly hosting fees indicated at http://www.LandscapeExchange.com/pro_signup in exchange for the services listed at http://www.LandscapeExchange.com/pro_signup. Applicable fees will be invoiced starting from the day your VIP Services are established and in advance of using such services. Chubara reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Pro Services can be canceled by you at anytime on 30 days written notice to Chubara.
Support. Pro Services include access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Chubara to respond within one business day) concerning the use of the Pro Services. "Priority" means that support for Pro Services customers takes priority over support for users of the standard, free services. All Pro Services support will be provided in accordance with Chubara standard Pro Services practices, procedures and policies.
Support. Pro Services include access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Chubara to respond within one business day) concerning the use of the Pro Services. "Priority" means that support for Pro Services customers takes priority over support for users of the standard, free services. All Pro Services support will be provided in accordance with Chubara standard Pro Services practices, procedures and policies.
Responsibility of Website Visitors
Chubara has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Chubara does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Chubara disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which LandscapeExchange.com links, and that link to LandscapeExchange.com. Chubara does not have any control over those non-LandscapeExchange.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-LandscapeExchange.com website or webpage, Chubara does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Chubara disclaims any responsibility for any harm resulting from your use of non-LandscapeExchange.com websites and webpages.
Copyright Infringement and DMCA Policy
As Chubara asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by LandscapeExchange.com violates your copyright, you are encouraged to notify Chubara. Chubara will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Chubara or others, Chubara may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Chubara will have no obligation to provide a refund of any amounts previously paid to Chubara.
Intellectual Property
This Agreement does not transfer from Chubara to you any Chubara or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Chubara. Chubara, LandscapeExchange, LandscapeExchange.com, the LandscapeExchange.com logo, and all other trademarks, service marks, graphics and logos used in connection with LandscapeExchange.com, or the Website are trademarks or registered trademarks of Chubara or Chubara's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Chubara or third-party trademarks.
Changes
Chubara reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Chubara may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination
Chubara may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your LandscapeExchange.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Pro Services account, such account can only be terminated by Chubara if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Chubara's notice to you thereof; provided that, Chubara can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, content posted/uploaded by you, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided "as is". Chubara and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Chubara nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you're actually reading this, here's a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
LandscapeExchange.com does not endorse or recommend the services of any particular service professional. It is entirely up to the Consumer to enter into a direct contract or otherwise reach agreement with a Service Provider, and LandscapeExchange does not guarantee or warrant the Service Provider's performance on the job or the outcome or quality of the services performed. The service professionals are not employees or agents of LandscapeExchange, nor is LandscapeExchange an agent of the Service Providers. LandscapeExchange does not perform, and is not responsible for, any of the services requested by the Consumer in the Service Request. Your use of the Website is at your sole risk. The services offered by Service Providers are provided on an "as is" and "as available" basis.
Limitation of Liability
In no event will Chubara, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Chubara under this agreement during the twelve (12) month period prior to the cause of action. Chubara shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the Chubara Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless Chubara, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Modifications to Website
Chubara reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Chubara shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
Miscellaneous
This Agreement constitutes the entire agreement between Chubara and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Chubara, or by the posting by Chubara of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Delaware, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Sussex County, Delaware. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Lewes, Delaware, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Chubara may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
